Clapp v. Seibrecht

Spoitobd J.,

(dissenting.) The object of an attachment is to obtain a security for the payment of a money demand; the object of a sequestration is to preserve the property in dispute, in statu quo, pending the litigation.

An attachment confers a right to be paid by preference out of the property in favor of the attaching creditor; a sequestration does not.

To release an attachment, the defendant must give bond “to satisfy such judgment as may be rendered; ” C. P., 259 ; to release a sequestration, the condition of the bond, prescribed by law and unalterable by the parties or the courts, is, not…